ICSID’s Background Paper on Investment Mediation serves as a step-by-step introduction to the role of mediation in resolving investment disputes, how the mediation process works in practice, and the key ways that participants—States, investors and mediators—can set themselves up for successful outcomes.
Specific questions addressed in the paper include:
- When could mediation be used during an investment lifecycle?
- What factors should parties consider when assessing the suitability of mediation?
- How does ICSID mediation differ from ICSID conciliation?
- What role does a mediator play—and what qualifications are important?
- What roles and duties do States and investors have in a mediation?
The background paper also highlights ICSID’s newly drafted rules for investor-State mediation, as well as the services provided by ICSID to support parties throughout the mediation process.